Aadesh@Adesh & ORS. v. State Of NCT Of Delhi & ANR.

$~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI + AADESH@ADESH & ORS.

.....Petitioners Through:

Mr. Sushant Mukund, Adv.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Sanjay Lao, Standing Counsel for GNCTD SI Jatin Kaushik and ASI Subhash Chand.

Ms. Kamini Sharma, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 11.07.2024 CRL.M.A. 20064/2024 (Exemption) Allowed, subject to all just exceptions.

1.

The present petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure (Cr.P.C.) has been filed by the Petitioners for quashing FIR No.693/2022 dated 25.11.2022, registered at Police Station Raj Park for offences punishable under Sections 498A, 406 and 34 of IPC. The present FIR is the outcome of a matrimonial dispute between the parties. The Petitioner No.1 is the husband of Respondent No.2.

2.

It is stated that the parties have resolved their disputes by way of a The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Settlement Agreement dated 07.10.2023. It is stated by Respondent No.2 that she does not have any objection if the present FIR against the Petitioners is quashed. As per the Settlement Agreement dated 07.10.2023, the Petitioner No.1 has agreed to pay a sum of Rs.4,00,000/- to the Respondent No.2 towards full and final settlement of all her claims in the following manner:

a) A sum of Rs.2,00,000/- was to be paid at the time of recording statements in First Motion.

b) A sum of Rs.1,00,000/- was to be paid at the time of recording statements in Second Motion.

c) A sum of Rs.1,00,000/- was to be paid at the time of quashing of the FIR.

3.

Today, the Petitioners and the Respondent No.2 are present in Court. The Petitioners have been identified by his Counsel. The Respondent No.2 has been identified by her Counsel and the Investigating Officer SI Jatin Kaushik and ASI Subhash Chand. The Respondent No.2 states that she has received the entire amount and settled all her disputes with the Petitioners out of her own free will, without pressure, coercion or undue influence. The parties undertake that they will remain bound by the terms of the settlement arrived at between them before the Mediation Centre, Rohini District Courts, New Delhi and the proceedings recorded before this Court 4.

In view of the settlement arrived at between the parties and also in view of the fact that the instant case is squarely covered by the law laid down by the Apex Court in Gian Singh vs. State of Punjab, (2012) 10 SCC 303, this Court is of the opinion that no useful purpose would be served in continuing with the present proceedings. Resultantly, the FIR No.693/2022 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

dated 25.11.2022, registered at Police Station Raj Park for offences punishable under Sections 498A, 406 and 34 of IPC and the proceedings emanating therefrom are hereby quashed.

5.

The petition stands disposed of in the above terms, along with pending application(s), if any.

SUBRAMONIUM PRASAD, J JULY 11, 2024 S. Zakir The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.